what does it matter what I think. its what 5 members of the SCOTUS think; they make the law, not me.
it is quite obvious from the machinations in this Padilla case - that the administration has made the judgement that they will lose the ruling. let's stop pussyfooting around here. if we had 5 Clarence Thomas on the SCOTUS, the judgement would go the other way - at which time, Padilla could be given the military tribunal he is due.